Shri Khunamsang D. Rathod, Petlad V. The Income tax Officer, Ward-3(3), Petlad

MA 46/AHD/2011

• Counselvise Citation: [2013] 123 COUNSELVISE.COM (IT) 9914 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 9 month(s) 26 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 15-02-2013
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 13-07-2012
• Assessment Year: 2000-2001
• Appeal Filed On: 19-04-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: T SHANKAR
• Assessee Lawyers: P M MEHTA

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, AHMEDABAD , .'# $ , %& % ' BEFORE SHRI MUKUL KR.SHRAWAT, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER MA NO.46/AHD/2011 (IN ./ IN I.T.A. NO.1518/AHD/2004) ( # ( )( / ASSESSMENT YEAR : 2000-01) KHUMANSING DANUBHAI RATHOD PROP.OF M/S.JANKI RICE MILLS ISARWAD,TAL: TARAPUR # / VS. THE INCOME TAX OFFICER WARD-3(3) PETLAD ./ ./ PAN/GIR NO. : ADRPP 7690 K ( / APPLICANT ) .. ( / RESPONDENT ) / APPLICANT BY : SHRI P.M.MEHTA / RESPONDENT BY : SHRI T.SHANKAR, SR.D.R. / DATE OF HEARING : 15/02/2013 !'# / DATE OF PRONOUNCEMENT : 15/2/13 $% / O R D E R PER SHRI MUKUL KR. SHRAWAT, JUDICIAL MEMBER : THROUGH THIS MISCELLANEOUS PETITION FILED ON 19.4.2 011, THE APPLICANT HAS AGITATED THAT THE SETTING ASIDE OF THE ISSUE BA CK TO THE STAGE OF FIRST APPEAL VIDE AN ORDER DATED 30/4/2007, THE TRIBUNAL HAS COM MITTED AN APPARENT MISTAKE. HOWEVER, AT THE TIME OF HEARING OF THIS M ISCELLANEOUS APPLICATION, THE LD.AR MR.P.M.MEHTA HAS INFORMED THAT WHILE PASS ING AN ORDER IN CONSEQUENCE OF THE DIRECTION OF THE TRIBUNAL, THE L D.CIT(A) HAS NOW ALREADY GRANTED THE DESIRED DECISION WHICH HAS BEEN ACCEPTE D BY THE ASSESSEE, HENCE THE GRIEVANCE AS RAISED IN THIS MISCELLANEOUS PETIT ION NOW STOOD RESOLVED. THEREFORE, HE HAS SOUGHT PERMISSION TO WITHDRAW THI S MISCELLANEOUS PETITION. MA NO.46/AHD/2011 (IN ITA NO.1518/AHD/2004) KHUMANSING DANUBHAI RATHOD VS. ITO ASST.YEAR 2000-01 - 2 - 2. FROM THE SIDE OF THE REVENUE, LD.SR.DR MR.T.SANK AR HAS INFORMED IN VIEW OF THE STATEMENT OF LD.AR, THAT WHEN THE PETIT IONER IS ASKING FOR THE WITHDRAWAL OF THIS PETITION, THEN THE REVENUE DEPAR TMENT LOGICALLY SHOULD NOT HAVE ANY OBJECTION. 3. HAVING HEARD THE SUBMISSIONS OF BOTH THE SIDES AND IN THE LIGHT OF THE STATEMENT MADE BY LD.AR IN THE COURT ASKING PERMISS ION FOR THE WITHDRAWAL OF THE MISCELLANEOUS PETITION UNDER CONSIDERATION, WE HEREBY GRANT THE PERMISSION AND DISMISS THIS PETITION BEING WITHDRAWN. 4. IN THE RESULT, MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE IS DISMISSED. SD/- SD/- ( &.'!( ')# ) ( ' ' * ) $ +, $ ( A. MOHAN ALANKAMONY ) ( MUKU L KR. SHRAWAT ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 15/ 02 /2013 -.., .,../ T.C. NAIR, SR. PS %+ , -./ 0%/) / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / 01 2 / CONCERNED CIT 4. 2 () / THE CIT(A)-II, BARODA 5. 567 ,,01, 01#, ('$/$ / DR, ITAT, AHMEDABAD 6. 789 : / GUARD FILE. %+# / BY ORDER, 5 , //TRUE COPY// 1/ 2 ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD